The applicant for a junkyard license shall obtain application forms from the Town Clerk. The completed forms, along with one copy of the proposed site plan and the appropriate fees, shall be returned to the Town Clerk. The Town Clerk shall submit the application materials to the Town Board.
The site plan shall be drawn to scale indicating all dimensions and show:
A. 
All existing and proposed structures, including fences;
B. 
All property lines, including the names of owners of adjacent property;
C. 
All streams, lakes, wetlands, floodplains, and other water bodies;
D. 
All wells and sanitary facilities;
E. 
All roads and casements;
F. 
All existing and proposed junk storage areas; and
G. 
All existing and proposed accessways, and parking and loading areas.
An Environmental Assessment Form (EAF) shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act (6 NYCRR 617). If the EAF indicates that the proposed activity may have significant environmental consequences, the Town Board shall require that a Draft Environmental Impact Statement (DEIS) be submitted with the application. The application shall not be considered complete until the DEIS has been accepted by the Town Board.
A nonrefundable application fee of $250 shall accompany all applications, which amount shall include the first year's license fee.
The Town Board shall fix a time within 45 days of the date a complete application is received for a public hearing. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. At the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a junkyard permit.
Within 45 days of said hearing, the Town Board shall render a decision to approve, approve with conditions, or to disapprove the application for a junkyard license. The forty-five-day period may be extended by mutual consent of the applicant and the Town Board. All findings of the Town Board shall be entered into the Town Board minutes. The decision of the Town Board shall immediately be filed in the office of the Town Clerk, and the applicant shall be notified of the decision and the reasons for such decision by certified mail within five days of the decision of the Town Board. Upon approval of the site plan and application and payment of all fees and reimbursable costs due the Town, the Town Board shall endorse its approval upon a copy of the final site plan and application.
A. 
If the application is approved by the Town Board, a junkyard license shall be issued by the Town Clerk.
B. 
If the application is approved with conditions by the Town Board, the Town Clerk shall issue a junkyard license upon notification by the Enforcement Officer that said conditions have been satisfied.
A junkyard license must be renewed each year.
A. 
Renewal procedure:
(1) 
Applicant submits application for junkyard license omitting the site plan.
(2) 
Enforcement Officer conducts an inspection of the property.
(3) 
If all requirements of Article III of this chapter are met, the Enforcement Officer is empowered to approve the license renewal. If all requirements of Article III are not met, the Enforcement Officer shall forward the application to the Town Board for action.
A. 
Aesthetic considerations. In granting or denying a license, the Town Board shall take the following aesthetic factors into consideration:
(1) 
Type of road servicing the junkyard or from which the junkyard can be seen;
(2) 
Natural or artificial barriers protecting the junkyard from view; and
(3) 
Proximity of the site to established residential or recreational areas or main access routes thereto.
B. 
Locational considerations. In granting or denying a permit, the Town Board shall take the following locational factors into consideration:
(1) 
The nature and development of surrounding property, such as the proximity of public parks, churches, educational facilities, nursing homes, public buildings, or places of public gathering;
(2) 
Whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy noise, odors or smoke, or other causes;
(3) 
The proximity of streams, lakes, wetlands, floodplains, groundwater supplies, and public water supplies;
(4) 
Local drainage patterns;
(5) 
Long range comprehensive plans for the Town;
(6) 
Proximity of the site to established residential or recreational areas; and
(7) 
Availability of other suitable sites for the junkyard.
A. 
Waivers. Where the Town Board finds that due to circumstances of particular case, a waiver of certain requirements, as stated in Article III herein, is justified, then a waiver may be granted. No waiver shall be granted, however, unless the Town Board finds and records in its minutes that:
(1) 
Granting the waiver would be in keeping with the intent and spirit of this chapter and is in the best interests of the community;
(2) 
There are special circumstances involved in the particular case, or
(3) 
The waiver is the minimum necessary to accomplish the purpose.
B. 
Enforcement Officer.
(1) 
The Enforcement Officer shall, upon request of the Town Board, make inspections of the premises of any junkyard for which application for a permit has been made, or any other existing junkyard within the Town, and shall report to the Town Board on the conditions of such junkyard.
(2) 
The Enforcement Officer shall make periodic inspections of the Town to ensure that all existing junkyards have licenses and that the requirements of this chapter are met. Any observed violations shall be reported to the Town Board.
(3) 
The Enforcement Officer shall not enter the premises of any private property without the consent of the owner. It shall be the responsibility of the applicant to arrange for all required inspections of the premises prior or license issuance or renewal.
C. 
Revocation of license. The Town Board may revoke a junkyard license upon reasonable cause should the applicant fail to comply with any provision of this chapter. Before a license may be revoked, a public hearing shall be held by the Town Board. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. The license holder shall be notified of the hearing by certified mail at least five days prior to the hearing. At the hearing, the Town Board shall hear the license holder and all persons wishing to be heard on the revocation of the junkyard license. Should the Town Board decide to revoke a license, the reasons for such revocation shall be recorded in the Town Board minutes. The license holder shall be immediately notified of the revocation by certified mail.
D. 
Penalties.
(1) 
Any person committing an offense against any provision of this chapter shall, upon conviction, be punished by a fine of not less than $100 nor more than $200 for the first offense and not less than $500 nor more than $1,000 for the second or any subsequent offense within a twelve-month period or by imprisonment for a term not exceeding 15 days or by both such fine and imprisonment for each violation thereof.
[Amended 9-11-2018 by L.L. No. 1-2018]
(2) 
In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any article of this chapter.